Pressure growing for new laws after gay sperm donor loses case
Friday April 18 2008
Lobby groups said the decision was a major setback for fathers' rights and called for legislation that would eradicate the "inequality" in Irish family life.
Opposition parties accused the Government of being "paralysed" by fear of controversy in bringing in laws on same sex couples.
Gay rights groups also acknowledged that updated family laws are "badly needed".
The calls came the day after a gay sperm donor lost his legal battle in the High Court for guardianship of a child after he donated sperm to a lesbian couple. They echoed the High Court judge's plea for "urgent" action on the issue.
In his judgment, Mr Justice John Hedigan appealed for immediate legislation to clarify the rights of same sex couples, who want to conceive, and their donors.
The court ruled that the child's welfare was best ensured by his remaining with the couple.
The landmark ruling is the latest case to expose serious gaps in family law, fathers' rights and a lack of legislation on same-sex couples.
Last night, Fine Gael's children spokesperson, Alan Shatter, said the High Court decision highlighted the need to urgently enact legislation to address the social and legal dilemmas that result from assisted reproduction.
"For many years, the need for such legislation has been blindingly obvious," he said.
"Yet it has not been introduced by the Fianna Fail Government, which has been paralysed by the fear of it generating controversy."
He said the Government had abdicated its legislative responsibility by "turning a blind eye" to issues that have been addressed in detail by most parliaments in Europe.
He said the issues the legislature needs to consider include how our law should regard a contract between a donor of eggs or sperm and the person who gives birth to a child and their partner.
Legislation should also address what parental rights, if any, should the donor of sperm or an egg be entitled to exercise, he said.
Guardianship
A Catholic lobby group said the High Court's decision "to deny a man guardianship and access rights to his child" was both "anti-child" and "anti-father".
The Iona Institute said that there was a need to regulate the "assisted reproduction industry" to take account of a child's right to know his or her parents.
Director David Quinn said that legislation should also take account of a child's right "to be raised by a mother and father where possible".
He said the High Court decision also showed there was a need to strenghten the rights of unmarried fathers.
"The fact that the man in this case, known as A, is a sperm-donor in no way lessens the fact that he is the child's father and that the child has a right to know his father and to have some measure of contact with his father," he said.
The Unmarried and Separated Fathers of Ireland warned the decision could end up being a major setback for fathers' rights.
"The only way to achieve ultimate equality is by an amendment to the constitution," said its legal spokesman, Donnacha Murphy.
Eoin Collins, director of policy change at the Gay and Lesbian Equality Network (GLEN), said updated family law was badly needed.
"Providing a legal framework recognising lesbian and gay parents in this situation could help avoid this type of case in future, and the emotion and trauma to which the parents in this case have been involved," he said.
"Everyone would acknowledge that family law has to move forward to recognise how people live. Equally, GLEN would be conscious of the rights of fathers and how limited they are."
- Anne-Marie Walsh
